IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1012 of 2009()
1. CHUKRAN, AGED 66 YEARS,
... Petitioner
2. RADHAKRISHNAN, AGED 47 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.A.SATHEESA BABU
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/06/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.A.NO.1012 OF 2009
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Dated this the 3rd day of June, 2009
JUDGMENT
This appeal is preferred against the order of the Assistant
Sessions Judge, Thrissur in M.C.No.13/2003 in S.C.No.79/2001.
The appellants are the two sureties of the first accused and
as the first accused did not appear and in spite of notice as
the sureties could not produce him, the bonds were forfeited
and they were directed to pay a penalty of Rs.10,000/=. It is
against that decision, the present appeal is preferred.
2. Learned counsel for the appellants persuasively
submits before me that subsequent to the same though an
action was initiated against the accused, it was dropped. It
may not be a ground to exonerate these people but it has to
be borne in mind that these two sureties are financially in a
very bad stage and they find it extremely difficult to meet
their both ends. It is also contended that there was no willful
conduct or deliberate intention for the appellants not to
produce the first accused before the court. So, taking into
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consideration factum of the financial constrain as well as
absence of a mens rea to evade objection of the accused, I am
inclined to show some leniency and therefore, I reduce the
imposition of penalty from Rs.10,000/= each to Rs.5,000/=
each. Therefore, the Criminal Appeal is disposed of as
follows:
The appellants herein are directed to pay a penalty of
Rs.5,000/= each and they shall pay the same on or before
31.8.2009, failing which the court shall take steps to realise
the amount in accordance with law.
M.N. KRISHNAN, JUDGE
cl
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